You are on page 1of 3

Ortiz Law Offices

A PROFESSIONAL CORPORATION 909 N.E. Loop 410, Suite 715 San Antonio, Texas 78209 Tel. (210) 822-4200 Fax. (210) 822-4208 www.ortizlawyers.com

From the desk of: Miguel A. Ortiz Email: miguel@ortizlawyers.com Legal Asistant - Notary Public Valeria Sosa Email: valeria@ortizlawyers.com

2315 South Loop 121 Belton, Texas 76513 Tel. (254) 526-8400 Fax. (254) 526-8407 P.O. Box 2431 Cayey, Puerto Rico 00735 Tel. (787) 557-1325 Fax.(787) 738-1644

June 7, 2013 Via Email Executive Board Texas League of United Latin American Citizens Re: Dear Board Members: This letter serves as my legal opinion per the request of the State Director regarding the emergency meeting called by various members of the State Executive Board. The intend of this letter is not to assess fault, blame, or accuse anyone of wrong doing but instead is to ensure that everyone understands where the State Executive Board and Texas LULAC stands in relation to the incidents of June 2, 2013. Please know that I am not aware of the primary organizers of the meeting that is addressed herein below and this letter is not intended to be offensive or disrespectful to anyone. As you all may know, on or about May 28, 2013, to June 2, 2013, the Texas League of United Latin American Citizens convened at the San Antonio Marriott Riverwalk for their Annual State Convention. One of the purposes of the convention was to elect/re-elect members in good standing to the various Board positions. On or about June 2, 2013, at about 8:00 a.m. the State Assembly for Texas League of United Latin American Citizens began to occupy the conference room designated to be the location for the elections and other business to be conducted by the State Assembly. Without assessing fault to anyone in particular and without making any particular group, person, entity, or organization responsible, the State Assembly came into a hold and was not property concluded. The elections, in particular, only covered the State Directors position and no other position was addressed. Some may argue that no one was elected while others may argued that the State Director election was completed but not the remaining positions. Some LULAC members may argue that the entire State Assembly was properly sat while others may argue that the Assembly was never certified to conduct business. Regardless on which side of the idle you may fall and your position; the reality is that the outcome is the same. The State Assembly failed to convene to begin, continue, and/or finish the election process leaving the question of: who are now the Texas LULAC Executive Board Members? State Convention, Elections, and Emergency Meeting

To address this issue I will direct your attention to page 41 on the Constitution, Article IX,Section 6-Tenure of Office- of the LULAC Constitution that reads as follows: All provisions in Article VIII, Section 6, Subsections a. to f. shall be applicable to State Officers, substituting the State nomenclature for that of National. A person may not seek a state office for which he has already served for four years consecutively or intermittently This portion of the Constitution re-direct us to page 30 to Article VIII, Section 6 -Tenure of Office-of the LULAC Constitution that reads in pertinent part as follows: b. In case of failure of the National Assembly to convene for any reason, or in case of failure of the National Assembly to have the established quorum to transact business, the duly elected and appointed National Officers shall continue in office until such time as the National Assembly convenes or is qualified to elect new officers. Based on the above language and the facts we faced, the State Assembly failed to convene to begin, continue, and/or finish the election process. I am not going to the particulars of the reasons why this occurred because the statute does not required me to find or assess a particular reason. It is my opinion that by doing so it just would create more harm than good. As such, all duly elected and appointed State Officials that were holding office on June 2, 2013, shall continue in office until such time the State Assembly convenes or is qualified to elect new officers. It is therefore resolved that all Texas LULAC State Members of the Executive Board are to remain in their current office until the next State Assembly or is qualified to elect new officers. The State Director, Elia Mendoza, shall appoint persons to any vacancies in the event that any of the elective officers tender his/her resignation to their current office or the position was already vacant. In addressing the emergency meeting called by some members of the Texas LULAC Executive Board please be inform that, after reviewing the agenda published by the organizers, such meeting is not proper. In order to call for an emergency meeting; an emergency needs to exists. Calling an emergency meeting for the Texas LULAC Executive Board to hold elections for the Texas LULAC Executive Board is not authorized by the Constitution. The fact that all current officers shall continue in office until such time the State Assembly convenes or is qualified to elect new officers takes away any emergency that good member of our organization would have perceived. Furthermore, the Texas LULAC Executive Board does not have the constitutional power to conduct this type of business. To address this issue I will direct your attention page 16 to the Constitution, Article VI, Section 5 (b) and (c)-The State Executive Board - Powers- of the LULAC Constitution that reads as follows: b. Powers: Under the authority of the State Assembly, the State Executive Board shall execute the mandates of the Assembly and administer the State in the interim between State Conventions. c. Limitations: The limitations which this Constitution places on the National Board of Directors in Article VI, Section 2, Subsection c., Items 1 through 4 shall apply to the State Executive Board except that references made to the National Assembly, National Constitution, Bylaws, resolutions, etc., as well as officers, shall be interpreted to mean the State level.

I am also referring the readers attention to Article VI, Section 2, Subsection c., Items 1 through 4. Also, any and all State actions cannot be contrary to the National Rules and shall not be intended to create new powers not given by the constitution and/or ratified by National. Based on the above language, the intent of your meeting to vest powers not given to the Board by the Constitution to nullify the 2013 Texas State Elections, to Declare Vacancies of State Offices, give the Board the power to appoint the State Director and/or any members of the Executive Board; is not authorized by the Board. Even though the organizers of the emergency meeting may have the best intent, please be advised that the Texas LULAC Executive Board does not have the power to conduct such meeting nor pursue such agenda. Please be also advised that the Constitution provides, as discussed and resolved above, the proper steps to address the outcome of the 2013 State Convention and Elections. Therefore, no emergency exist nor the necessity of the meeting scheduled for Saturday June 8, 2013, in Austin. It is therefore resolved that all current elected and/or appointed Texas LULAC Executive Board Members shall remain in their current positions and shall continue in office until such time as the State Assembly convenes or is qualified to elect new officers. It is further resolved that the Texas LULAC Executive Board does not have the authority to nullify the 2013 Texas State Elections, to Declare Vacancies of State Offices, give the Board the power to appoint the State Director and/or any members of the Executive Board, to install new officers, or to make a resolution to request National to recognized the appointment made in the meeting. It is also resolve that no emergency exits at this time in reference to any issues regarding Texas LULAC and/or Texas LULAC Executive Board. If you have any questions please email me at miguel@ortizlawyers.com. Respectfully yours, Original Signed Miguel A. Ortiz Texas LULAC General Counsel

P.S.

Please excuse any and all grammar and/or grammatical errors as time was of the essence to get this letter out and very little time was available to proof read and correct such errors.